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People v. DeFina

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1995
213 A.D.2d 665 (N.Y. App. Div. 1995)

Opinion

March 27, 1995

Appeal from the Supreme Court, Kings County (Douglass, J.).


Ordered that the judgment is affirmed.

Evidence of the defendant's prior and contemporaneous drug transactions was properly ruled admissible by the trial court to facilitate the jurors' understanding of the relationship among the parties (see, People v. Walker, 165 A.D.2d 674) and assist in their comprehension of the crime (see, People v. DeLeon, 177 A.D.2d 641). Furthermore, the record supports the conclusion that the probative value of this evidence out-weighed its potential for prejudice to the defendant (see, People v. Alvino, 71 N.Y.2d 233, 242). Similarly, evidence of a prior incident in which the defendant set one of his dogs on the complainant and called it off before serious injury was inflicted was properly introduced for its probative value on the issue of the defendant's intent (see, People v. Alvino, supra).

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

The defendant's contention that he was deprived of the effective assistance of counsel is without merit. It is well settled that "[w]hat constitutes effective assistance is not and cannot be fixed with yardstick precision, but varies according to the unique circumstances of each representation" (People v Baldi, 54 N.Y.2d 137, 146). In resolving claims of ineffective assistance of counsel the critical issue is whether, viewed in totality, the defense counsel provided meaningful representation (see, People v. Benn, 68 N.Y.2d 941; People v. Badia, 159 A.D.2d 577). Here, the record demonstrates that the defense counsel effectively cross-examined the People's witnesses and delivered opening and closing arguments which focused on the central contested issue of the defendant's intent. Taken as a whole, the defendant was provided with meaningful representation (see, People v. Ortiz, 174 A.D.2d 763; People v. Campbell, 162 A.D.2d 606).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Copertino, J.P., Pizzuto, Joy and Friedmann, JJ., concur.


Summaries of

People v. DeFina

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1995
213 A.D.2d 665 (N.Y. App. Div. 1995)
Case details for

People v. DeFina

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY DeFINA…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 27, 1995

Citations

213 A.D.2d 665 (N.Y. App. Div. 1995)
624 N.Y.S.2d 236

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